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2 - Criminal Law > Full Set > Flashcards

Full Set Flashcards

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1
Q

Does the crime have to have occurred in the state seeking to exercise jurisdiction?

A

There must be some connection. Whole crime or part of the crime occurred inside the state. Conduct outside the state that involved an attempt to commit a crime inside the state. If a conspiracy to commit a crime w/ an overt act occurred within the state.

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2
Q

Actus Reus

A

physical act (can be speech)

voluntary (motor control over the act)

omission (failure to comply with legal duty, special relationship, voluntarily assuming a duty of care then casting aside, caused danger and fail to prevent harm)

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3
Q

Mens Rea

A 
4 states of mind:
Specific Intent
Malice
General Intent
Strict Liability
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4
Q

Specific Intent definition

A

Mens Rea

committed act for the purpose of causing specific result

*if you see a statute on MBE w/ “intent” in language it’s probably a specific intent

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5
Q

Specific Intent Crimes under CL (FIAT)

A

First-degree murder
Inchoate (conspiracy, attempt, & solicitation)
Assault w/ attempt to commit a battery
Theft (larceny, embezzlement, forgery, burglary, robbery)

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6
Q

Malice Crimes

A

murder
arson
reckless disregard of high risk of harm occurring

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7
Q

General Intent Crimes

A

catch all category
D intends to commit an act that is unlawful (doesn’t need to be aware of legal ramifications)
knowingly, recklessly, or negligently
MBE will test on murder/manslaughter, battery & rape

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8
Q

Transferred Intent Doctrine

A

transfer specific intent

vicarious liability - high level officials have ordered/authorized or tolerated the act

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9
Q

merger

A

can’t be committed of two crimes that merge into one

(1) lesser-included offenses
(2) merger of inchoate & completed offense

conspiracy and substantive offenses do not merge

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10
Q

Principal

A

D whose acts or omissions form the actus reus

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11
Q

Accomplices

A

intent of assisting the principal

L for both the planned crime & any other crimes that occur in the course of the criminal act, as long as they are foreseeable

L even if principal can’t be convicted

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12
Q

Accessories after the fact

A

people who assist D only after the crime

separate offense - harboring fugitive or obstruction of justice

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13
Q

aiders/abettors & conspiracy

A

if there was an agreement & overt act (in furtherance)

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14
Q

When is mens rea negated?

A

mistake, insanity & intoxication

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15
Q

Mistake of Law

A

ignorance of the law is no excuse unless

  1. reliance on high-level gov’t interpretations of the law
  2. lack of notice
  3. goes to an element of specific intent
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16
Q

Mistake of Fact

A

differ based on kind of mens rea

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17
Q

Mistake of fact - strict liability

A

mistake of fact is never a defense

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18
Q

mistake of fact - general intent

A

if mistake is reasonable and goes to the criminal intent

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19
Q

mistake of fact - specific intent

A

D actually held the mistaken belief, whether it was reasonable or unreasonable

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20
Q

Insanity as a defense to mens rea 4 tests

A
  1. M’Naghten
  2. irresistible impulse
  3. Durham rule
  4. MPC
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21
Q

M’Nagten insanity defense

A

D didn’t know the nature or didn’t know it was wrong

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22
Q

Irresistable impulse insanity defense

A

D’s mental defect does not all him to control himself

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23
Q

Durham rule insanity defense

A

d would not have committed the crime but for mental disease or defect

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24
Q

MPC insanity defense

A

did not have substantial capacity to appreciate the wrongfulness of his acts or to conform his conduct to law

25
Q

Intoxication defense to crime

A

specific intent - either voluntary or involuntary if couldn’t maintain state of mind

general intent - can only use involuntary intoxication as defense

26
Q

Conspiracy definition

A

inchoate crime

  1. explicit agreement
  2. between 2+
  3. to commit unlawful act (furthers)
    (4) . modern definition requires an overt act

only D charged must have actually agreed (others can be undercover)

27
Q

Conspiracy additions

A

scope - can be convict of both conspiracy and the crimes

hub & spoke

28
Q

Defense to conspiracy

A

at CL it is impossible

federal rule - withdrawal before an overt act by communicating intention to withdraw to other conspirators or by informing law enforcement

MPC - conspirator who tries to thwart crime can withdraw after overt act

29
Q

attempt

A

specific intent crime (even if attempted crime is only general intent crime)

  1. intent to commit particular act
  2. taking substantial step towards perpetrating
30
Q

defenses to attempt

A

same as other specific intent crimes - mistake of law, mistake of fact

31
Q

solicitation

A

occurs when an individual invites, requests or commands another person to commit a crime

32
Q

homicide definition & elements

A

killing of a living human being by another human being

  1. actual causation (but for)
  2. proximate causation (foreseeable)
33
Q

types of homicide

A

first degree murder
common law murder
manslaughter

34
Q

first degree murder

A

specific intent crime

35
Q

common law murder

A

(most murders on MBE will be CL)
not a specific intent crime

  1. unlawful killing
  2. w/ malice aforethougt
36
Q

kinds of malice

A
  1. intent to kill, need not be premeditate
  2. intent to inflict serious bodily harm
  3. abandon and malignant heart - cavalier disregard for human life and death resulted (must know conduct is really risky, but needn’t have intent regarding the outcome of his actions)
  4. felony murder - during commission of a dangerous felony (BARRK) & must have some resisting the felony (deaths caused by other felonies get misdemeanor manslaughter)
37
Q

BARRK

A

dangerous felonies

Burglary
Arson
Robbery
Rape
Kidnapping
38
Q

involuntary manslaughter

A

criminally N killing, or killing during crime other than BAARK

39
Q

larceny

A

specific intent crime

  1. taking
  2. another’s property
  3. w/o consent (not w/ fraud or force)
  4. with intent to deprive him of it permanently

if you intend to give it back it’s not larceny

40
Q

embezzlement

A

specific intent crime

variation on larceny - begins with consent, then converts property to his own use

41
Q

false pretenese

A

specific intent crime

variation on larceny - obtains title through deception

“catch me if you can”

42
Q

MPC effect on larceny (& larceny type crimes)

A

under MPC they are treated as a single statutory crime of theft (just note whether you need to go through all the elements or not)

43
Q

robbery

A

specific intent crime
CL - larceny + assault

  1. taking
  2. another’s property
  3. w/o consent (not w/ fraud or force)
  4. with intent to deprive him of it permanently
  5. in their presence
  6. physical violence of fear of imminent physical harm
44
Q

extorition

A

specific intent crime

variation on larceny - threats of future harm

45
Q

burglary

A

specific intent crime

CL:

  1. breaking
  2. entering
  3. the dwelling
  4. of another
  5. at night
  6. specific intent to commit a felony once inside

can now occur at places besides residences and during the day

46
Q

battery

A

general intent crime

  1. unlawful
  2. application of force
  3. to another person
  4. causes bodily harm OR
  5. offensive touching
47
Q

assault forms

A

attempted battery - specific intent

intentionally placing another in the fear of imminent bodily harm - general intent

48
Q

rape

A

CL:

  1. unlawful
  2. sexual intercourse
  3. with a female
  4. against her will by force or threat of force
  5. general intent

usu. now does not have to be a woman or threat of force

49
Q

statutory rape

A

regulatory morals offense, so mistake of fact is irrelevant

50
Q

kidnapping

A
  1. unlawful
  2. confinement of another
  3. against their will
  4. by moving or hiding victim
51
Q

arson (frequently tested)

A
  1. malice
  2. burning (no damage necessary)
  3. another’s
  4. property
52
Q

perjury

A

willful act of falsely promising to tell the truth about a material matter

subornation of perjury - paying someone to falsely testify

53
Q

bribery

A

CL - corrupt payment of something of value for purposes of influencing an official in his duties

Modern - allows bribery to be prosecuted even if the person being bribed isn’t a public official

54
Q

Defenses (list)

A
  1. intoxication
  2. insanity
  3. mistake of fact
  4. self-defense
  5. defense of others
  6. defense of property
  7. duress
  8. necessity
55
Q

self defense/defense of others as defense

A

deadly force: intended or likely to cause death or serious injury

nondeadly force: involves force that is not likely to cause death or serious injury

reasonable person standard
majority rule does not require retreat

56
Q

defense of property as defense

A

nondeadly force only

57
Q

duress as defense

A

threat by 3rd party and reasonably believed that the only way to avoid death or injury

no good for intentional murder

58
Q

necessity as defense

A

available in response to natural forces; i.e., its the lesser of two evils

2 - Criminal Law (3 decks)

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